Need help: Visa Refusal with waiver for B1 visa after DUI

[theace]

Hi All,

I have been in US for work twice on an H1B
- 2013 to 2014 
- 2016 to 2018 

In Aug 2017, I was arrested for DUI with (BAC .14) and after the case went on for few months in court, I plead Guilty to charges, and was convicted for DUI in May 2018. I had paid all the fines, completed classes, etc. and the case was closed with probation of 3 years and licence suspended.

In June 2018, I left my then Employer A in US and traveled to India to join the new Employer B in India.

Now last month, in Oct 2019, my current Employer B raised my B1 to travel to US for 4 weeks. My Bio-metrics and Visa-Interview was scheduled for 1st week of Nov 2019 in Kolkata Consulate.

My Bio-metrics went perfectly fine. Next day, when I went for Visa-interview, as I had mentioned the details about my arrest & DUI in DS160 form, the interviewer asked me details about my arrest, which I shared with her and showed all the documents as well.

That day she gave me the paper that said your visa is denied under section 214(b). So, I understood, that meant my visa is denied and I would have to apply for new application, if I need a visa. 

But after 3-4 days, I received a mail from Kolkata Consulate, which had different section details. It had the following boxes checked.
- Section 212(a)(1) health-related grounds
- You are eligible to apply for a waiver of the ground(s) of ineligibility.

Now, I am confused, what should I do, as I am given different info over mail, and it also mentions about waiver, which I am not sure, what it means.

Kindly reply, and help me what should I do next.

Thanks,
Regards...

[giri26]

Talk to a immigration lawyer. This is not a clear cut case and you cannot rely on advice on a public forum. Murthy has a office in India as well.

[theace]

Hi All,

I had dropped a mail to Kolkata Consulate and the replied the following. It would be great if someone can share more info about the waiver process for the below section code.

You have been found ineligible to receive a visa under Section 212(a)(1) .
We regret we are unable to provide further information on the process. You are requested to please contact an attorney regarding the same.

Regards..

[JimH]

 

@theace

I would go with the reply(or the initial email) you received from consulate. Don't get hung up on what VISA officer told you during the interview.

It could be a mistake from Visa officer and consulate sent email with actual reason for denial, correcting what VISA officer told you.

Your best option is to consult immigration attorney and request consulate to waive your DUI conviction and issue VISA(official term is "Waiver of Visa Ineligibility"). 

Good luck!

[shabee]

@theace

you say you were convicted in may 2018 and travelled back to India in june 2018. Did you complete your probation in full?  if your case in probated for 3 years which means technically its still goin on. Did you violate it and came back to India? Or do you have special arrangement with corrections dept? If you violated it then I bet your probation is revoked and arrest warrant issued...If thats the case then you ll not get the visa

[devudu]

You said that you were convicted.but you told that i took classes. Technically your case will be dismissed.

 

Your question is bit confusing.

[theace]

 @giri26 
@JimH

I spoke to couple of immigration lawyers in Bangalore, but they are not aware of the process, so said, could not help. They have not heard of such cases.

 It would be great, if you could provide some number of immigration lawyer who would be able to make my understand more about this.

Edited January 23, 2020 by theace

[theace]

@shabee I missed on checking this message.  After the last date in court, I had paid all the fines, dues, completed classes, etc. The probation is for 3 years, given in May 2018. As my work assignment in US was over, I could not stay longer. The probation included terms like if the officer stops me while driving, I have to mention that I am on probation, and other terms are also there etc. It did not mention, that I could not travel out of country. Requesting you please share more details, how can i check the same.

[theace]

@devudu  Alcohol Classes are given in the case of conviction, not if the case is dismissed.  Kindly correct, if I am mistaken.

Edited January 23, 2020 by theace

[devudu]

What do you have in the court disposition letter either dismissed or convicted?

[shabee]

20 hours ago, theace said:

@shabee I missed on checking this message.  After the last date in court, I had paid all the fines, dues, completed classes, etc. The probation is for 3 years, given in May 2018. As my work assignment in US was over, I could not stay longer. The probation included terms like if the officer stops me while driving, I have to mention that I am on probation, and other terms are also there etc. It did not mention, that I could not travel out of country. Requesting you please share more details, how can i check the same.

Looks like you were on probation and still are. Almost in every instance , the terms of probation involve leaving the city or county with the permission of probation officer for that probated period. Its really surprising that you terms of probation doesn't have this. Is yours unsupervised probation? I dont know , your situation is really wierd. One thing you can do is , go to county where you were arrested and convicted and check the public records. Check if there is an arrest warrant against you. If there is no arrest warrant , you should be fine. Get all documents related to arrest , court and probation and have them ready to submit when asked. but if there is an arrest warrant issued , then you are screwed , forget about ever getting to US. my two cents...

[newuser6917]

On 1/22/2020 at 11:12 PM, theace said:

@devudu  Alcohol Classes are given in the case of conviction, not if the case is dismissed.  Kindly correct, if I am mistaken.

were you able to solve your situation ?

What is the current status ?